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Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-'1343
Action ID: SAW-2001-21 l25
Mr. I2ichard W. Hancock, P.E.
October 07. 20l 5
Manager, Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Hancock:
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13 2�115
Reference the Department of the Army (DA) permit issued on August 1, 2013, to Mr.
Gregory J. Thorpe, of the North Carolina Department of Transportation (NCDOT) for impacts
associated with the new location project identified as U-2524CD. Tl�e project, identified as U-
2524CD, is a 4.8 mile, six-lane divided facility on new location extending from north of SR 2176
(Bryan Boulevard) to SR 2303 (Lawndale Drive) in Greensbaro, Guilford County, North
Carolina. Section C of this project begins immediately north of SR 2176 (Bryan Boulevard) and
terminates immediately east of US220 (Battlegrotimd Avenue) and Section D begins immediately
east of Battlegrouud Avenue and ends at SR 2303 (Lawndale Drive). The siYe contains a portion
of Horsepen Creek, fifteen (15) umiamed tri6utaries to Horsepen Creek, a portioil of Richland
Creek, five (5) unnamed tributaries to Richland Creek, and fifreen (15) adjacent wetland areas in
the Cape Fear River Basin (8-Digit Cataloging Unit 03030002).
Impacts authorized by Che permit, as well as subsequent permit modifications dated March
25, 2014, Jime 6, 2014, and June 19, 2015 include: 1) the permanent placement of fill material
into 7,717 linear feet of jurisdictional stream channel and 6.16 acres of adjacent riparian
wetlands and 2) the temporary placement of fill material into 518 linear feet of jurisdictional
stream channel and 0.63 acre of adjacent riparian weUands. Compensatory mitigation was
im}�lemented for the iuiavoidable impacts by paymenC inlo the North Carolina Ecosystem
�nhancement Program.
Also reference your permit modification request sLibmitted via electronic mail on Ociober ],
2015, proposing� to replace a 371inear foot section of cu�rently permitted bank stabilization at
Permit SiCe 5 with an equivalent footprint (37 linear feet) of pernianent sh�eam impacts associated
with excavating three feet below existing stream chaimel elevation, installing geotextilc fabric at
the trench bottom, backfilling with a two-foot thick layer of rip rap and excavated material, and
capping with a one foot thick layer of original stream bed material up to and matching original
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stream bed grade and contour. This work is intended to �revent groundwater currently flowing
under the installed Permit Site 5 culvert from removing support soil and causing the str�icture
and wing walls to settle or collapse, respectively.
The U.S. Army Corps of Engineers, Wilmingtou District has completed the evaluation of
your request and determined that it is appropriate and reasonable, ancl no pnblic notice is
required for this modification. Therefore, the pennit is modified to include the req�iested
additional stream impacts. This work must be constructed as shown in the modification plans
submitted with the above referenced request (Pexmit Drawings Rev. Sheets 9, 9a, and 39 of 39).
In addition, the following special condition regarding additional compensatory mitigation has
been incorporated:
x) In oider to compensate for impacts associated with this permit, mitigation shall be
provided in aecordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Porm. The requirements of this form,
including any special conditions listed a� tl�is form, a��e hereby incorporated as special coi�ditions
of this permit authorization.
All other conditions of the permit, including the pennit expiration date of December 31,
2018, remain in effect as written. Should you have questions, contact Mr. David E. Bailey,
Raleigh Regulatory Field Office at telephone (919) 554-4884, Extension 30.
Sincerely,
� � ���
�Kevin Y. Landers, Sr.
� Colonel, U.S. Army
District Commander
Copies I'urnished with Attachment:
Mr. Dave Wviucha
Transportation Permitiin� Umi
Division aF Water Resources
North Carolina Department of
Environment and Natural Resources
450 West Hanes Mill Road, Suite 300
Winston-Salem, North Carolina 27105
Mr. Jerry Parker
Di��ision Environmental Supervisor, Division 7
North Carolina Department of Transportation
Post Office Box 14996
Greensboro. North Carolina 27415
Ms. Erin Cheely
North Carolina Department of Transportation
Division of High�vays
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Copies Furnished without Attachment:
U.S. Fish and Wildlife Services
Fish and �Uildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 28516
Ms. Cynthia Van Der Wiele
U.S. F,nvironmental Protection Agency
109 T.W. AlexanderDrive
Mail Code: E143-08
Research Triangle Park NC 27709
-3 -
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
CompensatorV Miti�ation ResponsibilitV Transfer Form
Permittee: North Carolina Department of Transportation
Project Name: NCDOT/U-2524CD/Division 7
Action ID: SAW-2001-21125
County: Guilford
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsi6ility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accep[ing full responsibility for the identified mitigation, regardtess of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington Disirict Mitigation Office (see contact Information on page 2�. The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring N�
Stream Impacts (linear
Warm Cool � Cold
7.416
HUC and Basin: 03030002, Cape Fear River Basin
Wetland Impacts
an Riverine I Riparian Non-Riverine � Non-Riparian I Coastal
6.15
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Stream Mitigation
Warm Cool
14,795
nts: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Wetland Mitigation (credits)
Cold Riqarian Riverine Riparian Non-Riverine Non-Riparian
10.57
Coastal
Mitigation Site Debited: North Carolina Division of Mitization Services INCDM5)
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the speciflc site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 12 September, 2014
��
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. it is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and retumed to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and induded in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
• This Form supersedes the Compensatory Mitigation Responsibility Transfer Form dated June 19, 2015
that was included as part of the DA Permit Modification of the same date;
• This form reflects an additional 37 stream credits required as part of the U-2524CD Permit
Modification dated October 7, 2015;
• The Compensatory Mitigation Requirements listed on Page 1 are for the total U-2524CD project and
do not reflect any stream or riparian wetland credits already accepted by NCDMS/NCEEP for this
project.
This form is not valid unless signed below by the USACE Projed Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger ta: IJ the Permittee, 2J the
USACE Project Manager ai the address below, and 3J the Wilminqton Distritt Mitigation Office, Attn: Todd Tugwell,
11405 Falis of Neuse Road, Wake Forest, NC27587 (email: todd.iugwell@usace.army.mil). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email:
David Bailey
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina D587
David.E.Bailev2@usace.army.mil
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USACE Project Manager Signature
October Z 2015
Date of Signature
Current Wilmington District mitigation guidance, induding information on mitigation ratios, functionai assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armv.mil.
Page 2 of 2
The Wilming[on District is commit[ed to providing the highes[ level of support to the public. To help us ensure we rontinue to do so, please mmplete Ihe
Customer Satisfaction Survey located at our we6site at http://rezulatorv.usacesurveY.�om/ ro mmplete the survey online.
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